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Bombay High CourtWP/877/2025allowed

Mahadev S/O Ramesh Wandile v. The State Of Maharashtra Thr Sub Divisional Commissioner Nagpur Dist Nagpur

2025-12-04Hon'Ble Shri Justice M. M. Nerlikar2 pages

2025:BHC-NAG:13531 3-Cr.WP-877-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 877 OF 2025 Mahadev S/o Ramesh Wandile -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.D. Umredkar, Advocate h/f Mr. A.C. Jaltare, Advocate for the Petitioner.

Mr. A.M. Joshi, A.P.P. for the Respondents/State. CORAM :

M.M. NERLIKAR, J.

DATE :

DECEMBER 04, 2025.

Heard the learned counsel for the petitioner and the learned A.P.P..

2.

At the outset, the learned counsel for the petitioner seeks leave to add, "Superintendent of Police", as party respondent.

3.

Leave granted. Amendment to be carried out forthwith.

4.

Issue notice to the newly added party, i.e., respondent No.2.

5.

Learned A.P.P. waives service of notice on behalf of respondent No.2.

6.

Heard finally.

7.

The order under challenge is dated 20/06/2025, wherein the petitioner along with one

3-Cr.WP-877-2025 Yuvraj Ramhari Karemore was externed for a period of two years from Wardha District by the respondent No.2. Against same, appeal was preferred under Section 60 of the Maharashtra Police Act, 1951, which came to be dismissed by Divisional Commissioner, Nagpur, vide order dated 23/09/2025. 8.

This Court in Criminal Writ Petition No.

860/2025 (Yuvraj Ramhari Karemore VS State of Maharashtra), has passed a detailed order. This Court has considered two issues, firstly, without assigning any reason the externment order was passed for two years, and secondly in-camera statements appeared to be photocopies of each other as they are word to word similar.

9.

For the self-same reason, the present petition is also allowed.

O R D E R

(i) The Criminal Writ Petition is allowed;

(ii) The impugned order dated 20/06/2025 passed by the Superintendent of Police, Wardha, and the impugned order dated 23/09/2025 passed by the Divisional Commissioner, Nagpur, are hereby quashed and set aside.

[ M.M. NERLIKAR, J ] Piyush Mahajan